Study On Anti-dumping Circumvention And Anti-circumvention

After entering WTO, our country has faced more and more problems of trade remedy. Up to now, China has been the biggest victimized country on anti-dumping. With more and more countries involved in anti-dumping, the anti-dumping circumvention develops fast, and the form of the anti-dumping circumvention is increasing. Just because of the anti-dumping circumvention, the protection effect of the anti-dumping measure has been decreased. In such circumstances, the importers take measures against the anti-dumping circumvention, such as legislation on anti-circumvention. The importer countries have applied the legislation in practice for many times to defend the anti-dumping effect.It is feasible for the importers to make laws on anti-circumvention to deal with the anti-dumping circumvention. And this kind of legislation conforms to the WTO rules. However, as the supplement and extension of anti-dumping, anti-circumvention measures also have the effect of trade protectionism that already established though anti-dumping. Therefore just as the anti-dumping measures, the misuse of anti-circumvention legislation would become the implement of entrance restriction and trade protectionism, further go back of the rules of fair competition and trade liberation, also block the development of international trade. Besides as concerned from the game of circumvention and anti-circumvention, the legislation on anti-circumvention is an important factor resulting credible threat that can change the strategy of game players. The legislative intent of one country is to protect national interest, as a result the anti-circumvention legislation tints with trade protectionism. So it is requisite to establish an international anti-circumvention regulation and mechanism that is unified, fair and reasonable.As for China, the number of anti-circumvention investigation for Chinese export product is increasing. More and more importers take anti-circumvention measures against Chinese export product. The export, investment abroad and home industry have been affected by the above factors. The main reasons why more anti-circumvention measures against Chinese export product have been taken revolve the relation of anti-dumping and anti-circumvention, undemanding origin criterion and irrational industrial mix. Recent years, Chinese government has taken many anti-dumping measures against foreign products, so the foreign exporters use many means to circumvent the anti-dumping measures of our country. But in practice China has not taken anti-circumvention measures against foreign product.To answer the foreign anti-circumvention suits, Chinese government should establish anti-dumping legislation as soon as possible, be active in the promotion of international anti-circumvention agreement. The related government departments should take flexible measures to answer foreign anti-circumvention suits. On the other hand, the enterprises should learn to apply legislation on anti-dumping and anti-circumvention to circumvent anti-dumping rationally, take measures to differentiate Chinese export products, carry out overseas investment before the anti-dumping being charged, give full scope to industrial association or chamber of commerce sufficiently.